Trademark Registration

[harveyBKK]

I read some information here:

http://www.sunbeltlegaladvisors.com./Thailand-Trademark.php

I represent a growing and popular healthcare company in the U.S. that is working providing our products in Thailand. We are well underway and because of that I feel it is nesc. to register our products trademark. In the U.S. and western workd we have a very strong trademark/branding and it is a very important part of our business.

I am not a resident but looking into opening a representative office for our company here in Bangkok. If I don't do that however, what so I do about needing to register the trademark to a Thai or Thai resident? Can I do that with a Thai attorney?

Thank you for your help,

[SunbeltAsiaExpert]

A trademark in Thailand may be registered to either an individual and/or a juristic identity. When registering a trademark in Thailand you have to select the category and business sectors in which you would like your logo to be protected. The fees for the Thai Government for registering a trademark are based upon the number of categories in which you would like to be protected. If the chosen trademark is not formally challenged by the public and/or the Thai government during the comment period after it is officially published, the Thai officials will then approve the application. You can track the progress of your application via the internal serial submission number. Once the application is approved, the submitting party shall be considered as the owner of that specific trademark in Thailand.

As previously mentioned, you must carefully select the category and business sector in which you want your selected trademark to be protected. For example, if you're seeking to protect a trademark in the healthcare products field only, another applicant could try to use the same trademark for restaurant or bar business, as your protection is limited to the healthcare business.

If someone owns a trademark that another person wants to use in his business the original owner of the trademark would need to agree to transferring the trademark to a new owner. This is done via the Trademark Ownership Transfer process.

If a foreigner is outside of Thailand but is still interested in securing a specific trademark he/she may have a Thai attorney (or even their designated Thai individual) to submit the application to begin the process of protecting the trademark. If the foreigner is not current in Thailand, the power of attorney would have to be executed in the presence of Thai Embassy officials.

Businesses wanting a trademark to be registered under their Representative Office in Thailand, may wish to register their trademark(s) prior to the Representative Office Establishment. They should consider using a Thai attorney to begin the process so the trademark is in the process of being protected and then they can then proceed with the Trademark Ownership Transfer.

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please "ask the visa expert" from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213 or email us here. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual's situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

[sunbeltlegal][/sunbeltlegal]